Federal law says less than most people assume. State law frequently says a great deal.
Esshaki Legal Media TeamCurrent as of November 2024
Federal wage law does not require meal or rest breaks. It regulates how they are
paid when given, and many states impose affirmative break requirements with
penalties.
Short breaks are compensable. Rest periods of roughly twenty minutes or less
are counted as hours worked and cannot be deducted.
Bona fide meal periods of thirty minutes or more may be unpaid only if the
employee is completely relieved of duty. An employee who eats at a desk while
answering calls or watching a station is working, and the time is paid.
Automatic deduction systems are lawful in principle and dangerous in
practice. If the system deducts thirty minutes daily and employees regularly
work through, the employer has built a systematic violation, and these have
generated large collective actions. Any auto-deduct must be paired with a simple,
used, and publicized cancellation procedure.
Interrupted meals. A policy stating that an interrupted break must be
reported and repaid, plus evidence that reports were actually made and paid, is
the defensible structure.
State requirements commonly include a meal period after a set number of
hours, paid rest periods per work period, timing rules, and premium payments for
missed breaks. Multi-state employers should map these by jurisdiction rather
than adopting one national policy.